Germany – From Offender to Trendsetter in Data Privacy

July 31, 2018 | By KJ Dearie

When it comes to data privacy and the legislation that surrounds it, Europe has long been at the forefront of development. Even now – with the recent institution of the GDPR, and the ePrivacy Regulation on its way – the European Union (EU) paves the way for the global treatment of personal data.

But why has Europe taken the lead on this ongoing mission?

You may be surprised to learn that at the epicenter of data privacy is Germany, with roots stemming from the country’s darkest years under a Nazi regime.

Germany has gone from the most infamous abuser of personal data, to the nation forging new worldwide standards for the protection of that data.

Why is Germany at the center of digital privacy, and how did it get there?

Furthermore, why does a century of German history matter for you and your business today?

Of IBM’s involvement in the abuse of data lending fuel to the horrors of the Holocaust, human rights journalist, Edwin Black writes:

IBM used its exclusive punch card technology and its global monopoly on information technology to organize, systematize, and accelerate Hitler’s anti-Jewish program.

IBM – the largest computer company in the world – continues to monopolize the gateways through which personal data is transmitted.

This isn’t to say that IBM is, or will ever again be, involved in the kind of atrocities it was in the 1930s and 40s. However, this shows that the movement of data today is not so different to what it was back then – so much so that the same company has maintained control over the largest gateways of personal data for the past 100+ years.

As much as we like to believe that data will never be abused to the extent it was during the Holocaust, it’s become apparent that personal data needs to be protected by the law and by the companies that handle it.

1995: The Early Days of Data Privacy in the Digital Age

While the foundational bricks of modern data privacy have been laid over the past century, 1995 was the year that ushered in today’s legal framework for the treatment and protection of digital information.

On the ‘Right to be Forgotten’ : Individuals have the right – under certain conditions – to ask search engines to remove links with personal information about them. This applies where the information is inaccurate, inadequate, irrelevant or excessive for the purposes of the data.

You may notice that this right appears differently in its 2014 iteration than what we see today as per the GDPR.

Then, the right was subject to case-by-case scrutiny, and was only applicable in instances of “inaccurate, inadequate, irrelevant, or excessive” information.

Now, under the newest standards for data privacy set by the GDPR, the right to be forgotten is even more sweeping – allowing users to request the deletion of their personal data.

These two laws, working alongside one another, will form a comprehensive and far-reaching legal framework for the protection and privacy of individuals’ personal data.

If you have customers or users in the EU, you are subject to comply with these laws.

While the world of data and the principles that guide its handling often feel like a product of the digital era, this is not entirely the case.

In fact, the actions you take today toward compliance with such laws as the GDPR are a result of decades of development and debate, sprouting from Germany nearly a century ago.

Conclusion

In his piece on IBM’s involvement in the Holocaust, Edwin Black writes:

Various prisoner types were reduced to IBM numbers, with 3 signifying homosexual, 9 for anti-social, and 12 for Gypsy. The IBM number 8 designated a Jew. Inmate death was also reduced to an IBM digit: 3 represented death by natural causes, 4 by execution, 5 by suicide, and code 6 designated “special treatment” in gas chambers.

So why do these offenses of the past matter today – and for the future?

As the legislation dictating data privacy continues to evolve and tighten, many business owners and online operators find themselves frustrated by the legal tightropes they feel forced to walk.

But it’s important to remember – now as much as ever – the dangers of reducing people to numbers by way of their data.

The handling and treatment of personal information should be done with caution, care, and humanity, so that we can continue to move forward in our efforts to protect privacy, and never repeat the horrors of the past.

Written by
KJ Dearie

KJ Dearie is a product specialist and privacy consultant for Termly, where she advises small business owners on how to comply with the latest data privacy laws and trends. She's been published in Business News Daily, Omnisend, ITProToday, MarTechExec, and more.

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